DA asks the SBI to investigate allegations against Mecklenburg County sheriff

CHARLOTTE — Mecklenburg County District Attorney Spencer Merriweather has asked the SBI to investigate allegations against Sheriff Garry McFadden.

This comes in the wake of State House Rep. Carla Cunningham, former Mecklenburg County Dep. Chief Dep. Kevin Canty and three other former Sheriff’s Office employees filing a petition to remove McFadden from office in Mecklenburg County. In order for a petition of this kind to move forward, either the DA or the county attorney would have to give their blessing.

Merriweather is asking the SBI to investigate the allegations before deciding whether the removal petition should move forward.

Cunningham’s claim centers around HB318, the bill she supported, which requires sheriffs to cooperate with ICE detainers. As she was weighing whether to override Gov. Josh Stein’s veto, she said McFadden called her and told her, “I don’t want to see you get hurt. You live in my county.”

Cunningham said she immediately hung up.

In her court filing, she compared this to a mafia boss demanding money by saying, “Nice little store you’ve got there. It would be a shame if anything happened to it.”

The petitioners allege that McFadden should be removed from office for: willful or habitual neglect or refusal to perform the duties of his office, willful misconduct or maladministration in office, corruption and extortion.

Merriweather is asking the SBI to investigate the following allegations, as well: State campaign finance violations use of official resources and labor in furtherance of political campaign, Hatch Act violations, extortion and bribery, economic threats made to influence legislation.

The request has been assigned to the SBI’s Professional Standards Unit for investigation, agency officials said.

McFadden is declining to comment on the removal petition.

The county attorney, who like the DA will decide whether this petition to moves forward, hasn’t commented.

While the DA has asked the SBI to investigate before making a decision, he did note the most fundamentally sound method for removal of public officers is by voters at the ballot box.

As all of this happens, he will also be under the microscope at the state level. The House Oversight Committee has summoned him, city leaders, the county manager and DA to Raleigh on Jan. 22 to testify about public safety in Charlotte and Mecklenburg County. McFadden confirms he will be there.

McFadden has three challengers in March’s Democratic primary: Former Chief Dep. Rodney Collins, CMPD Sgt. Ricky Robbins, and former detention officer Antwain Nance.

SBI Statement:

“The North Carolina State Bureau of Investigation (SBI) has received a request from the Mecklenburg County District Attorney to investigate allegations contained in a petition for the removal of Mecklenburg County Sheriff Garry McFadden.

“The request has been assigned to the SBI’s Professional Standards Unit for investigation. The SBI will not comment further on the status of the investigation.”

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